Z-1402               _______________________________________________

                                                   HOUSE BILL NO. 1569

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Unsoeld and Long; by request of Utilities and Transportation Commission

Read first time 1/17/86 and referred to Committee on Energy & Utilities.

AN ACT Relating to penalty assessments made by the utilities and transportation commission; and amending RCW 80.04.405.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 59, Laws of 1963 and RCW 80.04.405 are each amended to read as follows:

          In addition to all other penalties provided by law every public service company subject to the provisions of this title and every officer, agent or employee of any such public service company who violates or who procures, aids or abets in the violation of any provision of this title or any order, rule, regulation or decision of the commission shall incur a penalty of ((one)) five hundred dollars for every such violation.  Each and every such violation shall be a separate and distinct offense and in case of a continuing violation every day's continuance shall be and be deemed to be a separate and distinct violation.  Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for.

          The penalty herein provided for shall become due and payable when the person incurring the same receives a notice in writing from the commission describing such violation with reasonable particularity and advising such person that the penalty is due.  The commission may, upon written application therefor, received within fifteen days, remit or mitigate any penalty provided for in this section or discontinue any prosecution to recover the same upon such terms as it in its discretion shall deem proper and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as it may deem proper.  If the amount of such penalty is not paid to the commission within fifteen days after receipt of notice imposing the same or application for remission or mitigation has not been made within fifteen days after violator has received notice of the disposition of such application the attorney general shall bring an action in the name of the state of Washington in the superior court of Thurston county or of some other county in which such violator may do business, to recover such penalty.  In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise herein provided.  All penalties recovered under this title shall be paid into the state treasury and credited to the public service revolving fund.